you good evening I'm gonna call this meeting of the Burnsville planning commission for Monday July 22nd 2019 to order welcome everyone our first item is adoption of the agenda are there any changes or additions from staff no changes no changes anything from commissioners yeah seeing none I would entertain a motion so moved moved and seconded any discussion seeing none all those in favor say aye opposed motion carries item 2 approval of the minutes from the July 8th Planning Commission meeting any changes from staff for commissioners on that no changes from staff look good to me any of any others okay we didn't any motion to approve the minutes I second moved and seconded any discussion seeing none all those in favor say aye aye opposed second say Chris thank you motion carries that brings us quickly to item 3 which is a public hearing for quarry property LLC for Planned Unit development amendment for interviews permit and to extend that the storage of cement and cement crushing operation of the Minnesota River floodplain at one-zero-zero-one Black Dog Road West MS Garros thank you for the members of the Planning Commission we do have this application this evening it is an application that was considered and approved by the city back in 2012 and at that point in time there was consideration that they may come back to extend that so their first time frame ended if you will and they would like to continue so they have requested this application and it is a plan unit development amendment allowing an interim use permit and this is basically to extend the time frame to do cement crushing and then also storage of cement materials at their property which is downloaded by the Minnesota River the subject site is shown on the left and the property is owned by quarry Properties LLC and they have the representatives are here this evening if you have questions and basically on the site to the right the Potala Pictometry you can see that primarily the quarry activity has occur in the southern part of the site this at one time was a quarry so it does sit below the surrounding property if you saw in the attachments the information that was done back in 2012 there were some comments from the city of Bloomington and those items were incorporated into the conditions of approval back in 2012 and we did notify the city of Bloomington again there are no properties within 350 feet of the site actually in the city of Bloomington residential properties etcetera but we've had no comments back or received nothing in terms of public feedback regarding the application so basically what we are looking at is this is the same graphic that was provided in the past the site is accessed coming off of Black Dog Road and then back through here there are some internal driveways that get to the site which is in this location here the speaker site just to the east is the where the where the empathy etre was proposed and it is also known as the freeway landfill site or part of it is and the quarry crater quarry is to the south and then additional property that's owned by Kramer quarry abuts the site to the west so the application is to continue their operation we do not have any anything on file in terms of any complaints or issues with the application it is within the Minnesota River flood way there are very few uses that can occur with them it's like plane or flood way this is one of them and they do have a plan on file in order to address if there is flooding where they can remove the materials within a period of time there are no issues we did notify Department of Natural Resources they did not provide any feedback comments they did not have issues with the application and staff is recommending approval of the application subject to the same conditions that were approved in 2012 with the exception that we've modified the the end date to August 5th 2022 and with that I can stand for questions thank you Miss skiros commissioners questions for Miss skiros now I know in the original agreement there was three three 10-day business periods that they could do the work were they doing those at all during those that timeframe you do ask the applicant if if that has occurred welcome if you'd like to come forward and just identify yourself for the record members of the Commission Dan Schleck and the attorney for the owner of court Properties LLC with respect to what you're referring to yes the work was done during those 10 day period so ok yet no complaints have come in no complaints ok additional question I'm just curious it says you have to remove remove everything if there's a flood is that been a problem at all seems like it's been flooded most of the summer down there but maybe that doesn't affect you guys it actually really doesn't affect us much because there's some higher ground toward the river so ok ok additional questions mr. John do you think you'll be using the site all the way up till 2022 you know there is a high demand for this you know recycled material and so it kind of depends on how much road construction takes place because you know we only work as hard as people are tearing up roads so there's a good chance we will yeah depending on how many how many projects MnDOT has going and some of those things Commissioner Henderson have a question for Deb um 20 22 I thought the memo stated June 22nd the reason that we put August 5th is the City Council will be this will go to City Council on August 5th so we just continued it for you know the period of time to from the council on a date thank you additional questions I therefore miss Garros or for the applicants all right thank you I think well they believe the public hearing then at a 6:30 7:00 p.m. if there's anyone who'd like to speak to this item feel free to come forward and identify yourself for the record all right seeing none will close the public hearing at 6:30 seven commissioners discussion additional questions motion what's your pleasure another question for the applicant I'm sorry what what will happen after you know it madam commissioner it kind of relates back to what Commissioner John asked about it all depends on how much demand there is for this material I mean it you know if if demand continues the way it is now probably likely asked for it to be extended but if project stopped there may be no need for this and I mean it's really hard to predict the future at this point because it kind of depends on how much road construction is going on so if there's no demand for the material dad if I remember correctly in the previous memo when this was presented in 2012 was there stipulation that they could ask for a second or for an extension should there be an extension in here as well then just in case if they need to extend there wasn't I think they usually just did you know do the one-time extension part of the issue is this the whole Minnesota River quadrant and kind of the timeframe of what various things will be happening out there all the way from the landfill the quarry has just received concept approval to extend their time frame for coring and do additional coring and landfill is looking at the same so at this when they come back you know at 2022 there would be my time to evaluate the time for a minute very well it could be a request to extend at that point in time as well they're not ever limited to that it's just it was anticipated at the time that likely would come in so that's why it was included okay good thank you yes thank you again sure we'll let you get seated then we'll ask another additional comments questions I watched the mr. John I watched the 2012 hearings Lucca this this morning just to hear what went on there was a lot of talk about noise complaints and the gentleman from Bloomington came up and he talked about it and seeing that there is no there hasn't been any complaints at all it's hard to say that there's any reason to block them from moving forward with this extension that's my ten cents on it anyway I would agree I mean it just seems very very cut and dry did I preach it that would Deb's last explanation on the timeline this is an area that could have some changes in the near future or in the future and so that review is kind of an important thing but it's also got some limited uses for that type of land so I think this is a is a no-brainer if I'm going to entertain a motion if someone would like to make one or further discussion I'm not trying to silence debate I would like to make a motion there's a mean Commission recommend to the City Council approval of the application for PUD amendment for an IUP to the temporarily allow outdoor storage and processing of concrete in the floodplain at 1001 Black Dog Road and with the following nine conditions stated in the memo if the motion is there a second I second the motion it's been moved and seconded further discussion seeing none all those in favor say aye aye opposed motion carries thank you very much and that will go to the City Council on August 5th at 5:30 p.m. all right that brings us to item 4 which is a public hearing for 5337 Properties LLC for an interim use permit to allow vehicles to be parked on an unpaved surface rezoning from be for highway commercial to be for Planned Unit development in concept stage PUD for the phased development of the park chrysler jeep properties located at 1408 highway 13 west miss Garros you're back yes for this application there are seven different properties that are affiliated with the site now had been developed separately and then acquired over the years so there are a number of properties in various stages of development etc and the applicant has been working on concept to look at fully developing the property at some point in the future they did come in with applications I believe back in 2014 and then ended up withdrawing them because they didn't know quite where the property lines would be for a future plant and and what the plans were knowing this staff is working with the applicant and advise them that we thought there might be a way that would be beneficial for both parties to deal with our city code requirements and then also what they would like to do and just to have everything on notice so that's why the application he is before you this evening the subject site as I indicated is made up of seven different properties which are shown in the hatched pattern on the planet to the left and then to the right you can see that the northern part of the site is not developed it's vacant part of these properties were once owned by the city of Burnsville and then have been since purchased by the applicant there has been some soils Corrections and sales work that's been done on the properties part of that was done in conjunction with the city of Burns fell back when the highway 13 and County Road 5 interchange was installed so it was kind of a win-win situation to allow that to occur which also gave the opportunity for soils Corrections for the site in the Kent has then the sense also been working on building up berm the basically separates the north and the south the southern part of the site is primarily developed we have different buildings that are located on the property there are four different buildings and then what they are asking for is part of the site which we'll show in just a minute but basically along this North property line in through here has not been blacktopped it's hard surface it's you know like gravel or sand that it's been driven on for quite some time so what they would like to do is to be able to continue to use that to park vehicles on until such a time as they get to the actual development of the of the entire site including an addition to the main dealership building so as I indicated the site has seven different parcels a total of almost almost twelve acres so it's a fairly large site in this drawing or plan if you will we've got this small building which is the first building that was constructed on the site back in the late 60s and this is basically what that building looks like today then there is the dealership building in this location and in Phase one of their development they talked about doing an addition basically to the west side of this primary building I'll show you that in a moment then there is another small building which is used for they're basically used vehicle sales and then yet one more lat to the west is the carwash which has been also in existence for some number of years and was acquired by the applicant some number of years ago so basically what they're requesting is because they don't know exactly where their development is going to take place primarily for the future building that they contemplate on this lot and where that dividing line will be they've requested for some time frame to allow this unpaved area to be used for vehicle displays for a period of time anywhere from two to five years what staff has done is we've just recommended allowing up to five years for for the project to take place the reason that what is kind of driving this is something that we've seen with other car dealerships the business has changed so that the manufacturers are now requiring the dealers to hold all the inventory on their sites so there's an expanded need for for inventory and this dealership is no different from that the area all of the area to the south is paved all of this area and through here is all paved it's just this northern part of the site generally in this location so it's something that is not visible really from the public and even as you're driving by you can't see it because the area slopes down to Dupont Avenue right and we don't see an issue from a staff perspective of allowing that to continue for a short period of time but then in exchange the applicant is providing for a concept plan treatment development which is something there's not an actual right or permit that goes along with the concept Planned Unit development but rather the intent of that is to show kind of the time frame the general parameters for future development and then once we get to when they're actually going to develop which would be the next two to five years they would do come in with a development stage planning into development that would all get reviewed a very detailed review and then at the same time they would plant the properties so all the properties would then ultimately be replanted into two lots this is the concept plan that is part of the plan unit development approval the area in black is kind of that area where there is part of it anyway in this area where it is not currently blacktopped there is a small exterior storage area that was approved I believe back in the last 10 to 15 years in this area that's utilized but primarily you basically have the existing car wash the used vehicle inventory and in phase 1 this is the dealership and they're looking at potential addition I believe it's about 8,000 square feet to the main dealership building and then some small changes into the parking lot just associated with this part of the development in phase two which is the northerly piece that is a proposal then to construct a large office warehouse facility in addition to that they've got the primary parking for that facility would be located on the east north and west sides of the building but they are also showing areas for proof of parking again for inventory both in this area and then sorry in the north east part of the site and also additional inventory that would be in this part of the project site itself in terms of the overall concept plan staff does not have any particular issues or problems there are a couple of things that we're suggesting be looked at one of the things is that they are showing a trail easement along the top part of the property here that may not be needed the city since they've been working on this way past few years the city just approved the 2040 comprehensive plan and in that is our trail plan master plan and that no longer had a trail located in this so that may be something that when this comes in for future development stage review and plant they would look at that further and likely that that may not be a condition that would be needed at that point time the engineering department has reviewed the plan and their primary comments are again at the time that we deal with development stage beauty and the actual site plans that there is gonna be a need for more detailed civil engineering work surveying and that type of thing so that is identified one of the other items that was included when this site was used for the soil storage and reclamation it was wooded before that so in the the application was a joint application between the city of Burnsville and the applicant to do that soil work at that point in time they did identify what the woodland evaluation was for the property and there would be a need for a reforestation of I believe about $13,000 usually that's done at the time of development and incorporated in the landscape plan and or if there's not enough of the value in the landscape plan they can also pay that difference so that's something that we've identified and that would be something carried forward from a previous application and this is just the information this roughly gives you the area where the trees were and they needed to be taken out for the for the project and these are the sites that were used for the soils work and reclamation project I'm here a couple of years ago so with that the recommendation from staff is to consider approval of the interest permit which would allow them to park their vehicles on the unpaved portion of the site just that site that's identified just north of their parking lot if you will and that would be available for up to the next five years to again Auguste v 2024 and then in addition to that we've got some other conditions that weird we've identified and these are things to primarily relate to in the future when the development stage and the plant come in these are some additional considerations that will need to be evaluated at that point in time that includes the future trail it includes date for the pavement to be installed whether or not or depending on what phase they do we do want to make sure that the area that's unpaved is actually paid within five years and that the reforestation requirements are met or addressed at the time of development number eight the civil engineering drawings that those types of details will be evaluated number nine is a general condition relating to at the time that they submit the application all agencies such as Laura Minnesota watershed district and any other applicable agencies their permit approvals would need to be obtained at that point in time and then number ten would be in all to survey at the time of the development stage PUD and the reason that that is identified is because it's a little bit more detailed than a standard certificate of survey it actually corresponds to a title opinion or title work and shows a location of all the various easements and different items that are associated with all of those various parcels where they are and what documents are recorded so with that I understand for questions and mr. dworski is here and his engineers the questions of them they're here as well Thank You commissioners questions for Miss Garros mr. John so there is some kind of condition in our city code what have you that that used or the cars need to be parked on a paved surface yes that's correct is that fourth FedEx or is that it's a requirement that the city's had for decades and we just require vehicles with your parking vehicles that they be on a paved surface we did do an amendment to the ordinance a year or so ago that allows certain temporary type additions where you can have an unpaid surface but not not if it's going to be something on a permanent basis so all of our even a single-family home for instance you do have to have a hard surface on your driveway the same goes for commercial industrial properties so I asked so for this for us to do in a amendment or allow for them to park on a non paved surface does that begin a slippery slope is my is my concern thirdly other other property owners have had to do something where they had to move I know there's a bunch of inventory at the mall for instance where they haven't been able to park it on the property so is that a concern at all that staff looked at in this case we think that this is a good way to to deal with this because we do know that they are working towards a solution we have done joint joint applications in the recent past for the property and we feel that within a five year time frame that that will be workable the applicant actually has indicated in their paperwork that the paving the part of it would probably be between you know two to three years we just extended the five years so that everything is consistent with also bringing in the PUD the other element of this that is a very positive benefit for the city is having that concept beauty in place because then everybody knows what the ultimate objective is what will happen when that development stage PUD comes in is will be able to materialize all of the existing conditions that may not meet you know the current ordinance we've done that traditionally and then in addition to that we know what the proposed improvements are going to be and getting those planted and the buildings that they are suggesting are all positive and this will just put everything on the record if you will additional questions for Miss skiros so how long has these vehicles been parked off on the on the non paved sites thus far is this a new thing because the inventory haven't be on site or this has occurred on it off it's difficult situation to deal with yes because really all they need to do to comply is to move the vehicles and then then the condition is its addressed and then when you move vehicles back out there and have to start over again with code enforcement process and it's it's just a difficult situation to deal with so rather than try to continue that process of code enforcement and bring it back and whatnot what we wanted to do is to try to work with the applicant to get something that is out there and will be a prominent solution and that's why the application has been submitted okay additional questions for Miss Garros or any for the applicant fire off some questions you could come forward and identify yourself for the record welcome thank you David dworski energon the question I have is that we've this has been remediated since 2013 its what five years later six years later still nothing has happened why do we need another two to three years to get it well and again thank you for the opportunity tonight we it was it was a tuning half almost three year project to mine two hundred thousand square yards of PEEP out of that property and then pulling another three hundred thousand yards to to build it up and we've had a number of interested parties that have been ready to go in terms of you know office warehouse that kind of so the problem is yes we are ongoing we are continuing to try and find a suitable tenant the problem is in today's world with this warehouse it's really really hard to get your construction costs out of the of the project if it is mostly warehouse and the interested parties that we've had to date have just wanted mostly warehouse as opposed to office and warehouse or a good percentage of that office to mitigate the you know the building expense right now because building today is just absolutely unbelievable and it's another problem we're faced with the expansion of our store as well yes we need it desperately however when when you look at the bits that are coming in for the for the development you just kind of think you know twice about about entering into that expense but we are growing and we certainly need a bigger facility for our service and if in fact like that was saying if that project gets done sooner than than the phase 2 project the blacktop issue would be taken care of at that time because that that area is really the area that's in question is really for the dealership parking not for any future development on it though other side are you plan to sell off the other side once it's fully developed don't know because it would either be one of two things OD there'd be a nice investment for us or we may you know use it as well we have right now twelve thousand square feet that were leasing just down the street so there is you know a need for fur storage for us as well so you know it could be it could be that space but then again like I said when you look at what the existing warehouse space is leasing for versus what we would need for this space we're we're actually petting off just keeping the 12,000 feet square feet at least down the street so it's it's a frustrating situation but I think you know as time goes by we'll leave in a cellphone we'll be good to go okay thank you any additional questions for the applicants I just just have a comment I think it's a pretty it's a pretty nice solution in terms of it overall concept and I like how that the you know the development to the north has potential overflow parking for storage of vehicles for the revenue to the south and seems like it fits in there pretty nice yeah and a few years ago as Deb was saying we worked hand-in-hand with the city in regard to getting that that Pete out of there because quite frankly it was just it was just you know it looked it was a little small forest but quite frankly it was it was not really anything to to beautify the area for that matter peony in any way shape or form a functional piece of land to build on and and we had bits we had bits at the time of million and a half two million dollars just to take care of the soil and quite frankly we were able to to do it for far less we still have a huge investment in it but but again when you when you look at what we have in the soil and then what the building costs were gonna be an arrest it it's just not penciling out at this moment in time but we'll get there okay additional questions if not I'm gonna open the public hearing then at 7:03 p.m. if there's anybody like to speak on this please thank you forward if I thank you anyone seeing none we will close the public hearing at 7:03 p.m. commissioners additional questions comments discussion what's your pleasure mr. John it's nothing against Park Jeep I think they're a great company it's a wonderful place my fear is the slippery slope other car dealerships and well what they can do if I can't wait sort of a thing that is my biggest issue here the reason for the code you did it's behind me I don't know why we have fun other than athletics something all those lines but somebody knows and that that's that's my sticking point and all this is that not having the blacktop up on the third area because other dealerships have to deal with that and they're gonna have to make arrangements one way or the other you know Park Jeep has been there for so long that there was a lot of dirt you know I think any most of the other dealerships are newer or if there's a new dealership coming in there they're gonna want to comply they're not gonna want to be parking so I don't know that that's gonna be I'd be I'd be surprised that was a big concern to and I would highlight that I mean Deb's earlier point to about the helping resolve the enforcement issues combined with the PD aspect of it is a huge benefit I think I think I frankly think it's an elegant solution to a number of converging issues here I understand what you're saying in terms of we have a lot of car dealerships in the city of Burnsville so that's important consideration but I think to me the public benefit here is about ways that concern frankly but additional comments questions alright I would entertain a motion then my first motion first motion I move that the Planning Commission recommend to the City Council approval of the interim use permit to allow vehicle parking on unpaved area of the site rezoning the site from before to be for PUD and concept stage PUD for phase development of the property including building addition to dealership building new construction of office warehouse paving in site improvements with the following items to be considered and addressed as part of the development stage PUD the following listed ten items you don't want to read all those is there a second it's been moved and seconded any further discussion seeing none all those in favor say aye aye opposed motion carries and that will also be on the City Council agenda on August 5th at 5:30 p.m. thank you very much and I do want to just thank thank the applicant too because I know you'd mention some of the earlier the peat issues and so forth some of your previous work with the city we really appreciate that so thank you very much I believe that just leaves us two updates yes miss Garros just some quick updates for the commissioners all of the items that you saw at your last meeting went to City Council they were all approved as recommended by the Planning Commission maybe maybe yes I have although I have yet to resign I anticipate that I probably will be resigning before the net when is the next meeting for the Planning Commission I was thinking the 5th that's the week after the 12th okay I've got a new job and we'll be relocating to Iowa Des Moines Iowa the new job starts August 5th that'll be a slow relocation so I will be and we'll be discussing some transition stuff I want to thank you all I notice that I know several of you are new and I appreciate your confidence in me last meeting and electing me chair but I apologize this timeline this certainly wasn't what I was envisioning this is a great experience I thank you all for your service on the Planning Commission at times this seems like tedious work but it's been very rewarding I feel like I know more about the soils of Burnsville than anyone deserves to know so so with that anything else that anyone would like to nothing else from staff report if not I would entertain a motion to adjourn so moved it's been moved or a second second moved and seconded any discussion seeing none all those in favor say aye all right opposed motion carries we are adjourned you you you